Embarking: The Pittsburgh Survey, Workers’ Compensation, and the First Blush of Fame

2020 ◽  
pp. 69-96
Author(s):  
Amy Aronson
Keyword(s):  
New York ◽  
Common Law ◽  
New York State ◽  
Workers Compensation ◽  
Visual Artists ◽  
Industrial Accidents ◽  
Employer Liability ◽  
Work Accidents ◽  
New Generation ◽  
Fault Distribution

In 1907, Crystal Eastman began a temporary job investigating industrial accidents with the Pittsburgh Survey, a comprehensive study of urban industrial life organized by Paul Kellogg and Edward Devine, financed by the newly formed Russell Sage Foundation. The project involved established leaders, such as Florence Kelley and John R. Commons, as well as young visual artists, including Lewis Hine and Joseph Stella, and brought a new generation of educated women into professional work in social welfare. Eastman’s study, later published as Work Accidents and the Law (1910), resulted in her appointment by Governor Charles Evans Hughes to chair New York’s new commission on employer liability in 1909. There, she proposed to overhaul common law standards, shifting to a no-fault distribution of risk and loss shared by workers, businesses, and consumers. The resulting legislation failed a constitutional challenge in 1911 but laid the groundwork for successful workers’ compensation laws in New York State and elsewhere.

Considering Precedent in Louisiana: Balancing the Value of Predictable and Certain Interpretation with the Tradition of Flexibility and Adaptability

2013 ◽  
pp. 1-19
Author(s):  
Mary Garvey Algero
Keyword(s):  
United States ◽  
New York ◽  
Common Law ◽  
New York State ◽  
Civil Law ◽  
The United States ◽  
Stare Decisis ◽  
The Common ◽  
Judicial Opinions ◽  
The Right

Despite the fundamental differences between the doctrines employed in common law and civil law (or mixed) jurisdictions when it comes to the respect paid to prior court decisions and their weight or value, United States courts that follow the common law doctrine of stare decisis have embraced some of the flexibility inherent in the civil law doctrine, and civil law and mixed jurisdictions throughout the world, including Louisiana, that use the doctrine of jurisprudence constante seem to have come to value the predictability and certainty that come with the common law doctrine. This Article suggests that Louisiana courts are striking the right balance between valuing the predictability and certainty of interpretation that comes with a healthy respect for precedent and maintaining the flexibility and adaptability of the law by not strictly considering precedent a source of law. This Article discusses the results of an ongoing examination of the sources of law and the value of precedent in Louisiana. The examination involves a study of Louisiana legislation, Louisiana courts’ writings about the sources of law and precedent, and a survey of Louisiana judges. Part of the examination included reviewing Louisiana judicial opinions on various issues to determine if there were differences in valuing precedent based on area of law or topic. It also included reviewing judicial opinions from the United States Supreme Court and New York state courts to compare these courts’ approaches to the use of precedent with those of the Louisiana courts. The article is based on a paper presented to the Third Congress of Mixed Jurisdiction Jurists, which was held in Jerusalem, Israel in June 2011, and the author’s prior writings on the subject.

scholarly journals Social Workers’ Compensation Models and the Czech Statutory Employer Liability Insurance

2020 ◽  
Vol 11 (1) ◽  
pp. 16-33
Author(s):  
Jaroslav Vostatek
Keyword(s):  
Social Workers ◽  
Private Insurance ◽  
Liability Insurance ◽  
Social Model ◽  
Insurance Companies ◽  
Pension Benefit ◽  
Workers Compensation ◽  
Employer Liability ◽  
Work Accidents ◽  
The Government

Abstract Czech workers’ compensation is “exemplified” by the adoption of the Worker’s Accident Insurance Act in 2006, four deferments of its effective date and then complete annulment of the Act. A temporary settlement aimed at resolving the incompatibility of the communist model of workers’ compensation for work accidents and occupational illnesses with the transition to a market economy after 1989 involved the implementation of statutory employer liability insurance for work accidents and occupational illnesses, outsourced to two private insurance companies; the current Czech government does not seem to have a know how to deal with it. The objective of this paper is primarily to advise the government using primarily the formulation and comparison of four basic social workers’ compensation models and furthermore considering the existing sickness, pension and health insurance systems. The choice of a social model is namely a matter of public choice, but intensive lobbying also constitutes part of these processes. The analyses result in a recommendation to “dissolve” the statutory employer liability insurance into a jointly collected social insurance contribution for sickness and pension insurance, and partly to transform the current accident benefits into increased sickness and pension benefit assessments and partly to cancel them.

Common Law Marriage in New York State

1930 ◽  
Vol 30 (1) ◽  
pp. 1 ◽  
Author(s):  
Fred S. Hall
Keyword(s):  
New York ◽  
Common Law ◽  
New York State ◽  
York State ◽  
Common Law Marriage
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